When an employee is infected, because they came to work, they may claim from the Compensation Fund in terms of the Compensation for Occupational Injuries and Diseases Act (COIDA). Here is the link to the Government Notice which extended these benefits to COVID-19 cases. Please note that it is compulsory for all companies with one employee or more to register with the Compensation Fund and pay annual assessment fees under COIDA. An employee may claim from COIDA if the employee contracted Covid-19 during the course of their employment. The following situations will qualify:
- occupational exposure to a known source of Covid-19
- a reliable diagnosis of Covid-19 as per the WHO guidelines
- an approved official trip and travel history to countries and/or areas of high risk for Covid-19 on a work assignment
- a presumed high-risk work environment where transmission of Covid-19 is inherently prevalent
- a chronological sequence between the work exposure and the development of the symptoms.
What documents do you need to apply?You will need:
- Employers Report on Occupational Diseases (Form W.CL.1);
- Notice of Occupational Disease and Claim for Compensation (Form W.CL.14);
- COVID-19 Exposure and Medical Questionnaire (Can be found at the end of the regulations);
- First Medical Report in respect of and Occupational Disease (W.CL.22) indicating U.07.1 as the ICD-10 code for COVID-19;
- Exposure History (Form W.CL. 11) and any other appropriate employment history which may include any information that may be helpful to the Compensation Commissioner;
- A medical report on the employee’s symptoms that details the history, establishes a diagnosis of the Covid-19 and laboratory results and chest radiographs where appropriate or any other information relevant to the claim;
- For each consultation, a Progress Medical Report (Form W.CL.26);
- Final Medical Report in respect of an Occupational Disease (Form W.CL.26) when the employee’s condition has reached Maximum Medical Improvement (MMI);
- An affidavit by the employee if employer cannot be traced or will not timeously supply a Form W.CL.1.
- All the forms for claiming from the Compensation Fund can be found on the Labour Department’s website here.
- You can also find all the necessary forms together on this website
- For online access to COIDA and more information about the step-by-step process of how to claim, please go here.
- For the Labour Department’s Basic Guide on claiming from the Compensation Fund, please go here.